Bill Text: NY A02346 | 2011-2012 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Provides that motor vehicles, with certain exceptions, shall not be operated with an accumulation of snow or ice on the surface thereof; establishes fines for violation of these provisions and a snow and ice removal fund with 10% of the funds going to an annual DMV report on the fund, 25% going to each the DOT and the Thruway authority for establishing snow and ice removal sites on their roads, 30% for a DOT grant program and 10% for a public awareness campaign.

Spectrum: Slight Partisan Bill (Democrat 6-3)

Status: (Introduced - Dead) 2011-02-17 - print number 2346a [A02346 Detail]

Download: New_York-2011-A02346-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2346
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 18, 2011
                                      ___________
       Introduced  by  M.  of  A. SPANO, BING -- Multi-Sponsored by -- M. of A.
         RAIA -- read once and referred to the Committee on Transportation
       AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
         surfaces  of certain motor vehicles to be cleared of accumulated snow,
         sleet, or hail
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.    The  vehicle and traffic law is amended by adding a new
    2  section 1229-e to read as follows:
    3    S 1229-E. CLEARANCE OF SNOW, SLEET, AND HAIL. 1. NO PERSON SHALL OPER-
    4  ATE A MOTOR VEHICLE ON A PUBLIC STREET OR  HIGHWAY  WHILE  THERE  IS  AN
    5  ACCUMULATION  OF  SNOW, SLEET, OR HAIL ON THE ROOF OR CARGO BED SURFACES
    6  THEREOF, WHETHER OF ANY OCCUPANT COMPARTMENT, TRAILER,  OR  OTHER  CARGO
    7  COMPARTMENT IN EXCESS OF THREE INCHES.
    8    2.  THE REMOVAL OF ACCUMULATED SNOW, SLEET, OR HAIL REQUIRED BY SUBDI-
    9  VISION ONE OF THIS SECTION SHALL NOT APPLY DURING THE FALLING  OF  SNOW,
   10  SLEET,  OR HAIL OR WITHIN THREE HOURS AFTER THE CESSATION OF THE FALLING
   11  THEREOF.
   12    3. (A) THE OPERATOR OF A NON-COMMERCIAL VEHICLE IN  VIOLATION  OF  THE
   13  PROVISIONS  OF  THIS  SECTION,  EXCLUDING  A DISABLED OPERATOR, SHALL BE
   14  SUBJECT TO A FINE OF NOT LESS THAN ONE HUNDRED FIFTY  DOLLARS  NOR  MORE
   15  THAN EIGHT HUNDRED FIFTY DOLLARS.
   16    (B) THE OPERATOR, OWNER, LESSEE, BAILEE OR ANY ONE OF THE AFORESAID IF
   17  A  COMMERCIAL  MOTOR VEHICLE SHALL BE SUBJECT TO A FINE OF NOT LESS THAN
   18  FOUR HUNDRED FIFTY DOLLARS NOR MORE THAN TWELVE HUNDRED FIFTY DOLLARS.
   19    4. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY  TO  ANY  AUTOMOBILE
   20  TRANSPORTER, MOTORCYCLE, OR AUTHORIZED EMERGENCY VEHICLE.
   21    S 2. Section 125 of the vehicle and traffic law, as amended by chapter
   22  365 of the laws of 2008, is amended to read as follows:
   23    S 125. Motor  vehicles. Every vehicle operated or driven upon a public
   24  highway which is propelled by  any  power  other  than  muscular  power,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03010-01-1
       A. 2346                             2
    1  except  (a)  electrically-driven mobility assistance devices operated or
    2  driven by a person with a disability, (a-1) electric personal  assistive
    3  mobility  devices  operated  outside  a  city  with  a population of one
    4  million  or  more, (b) vehicles which run only upon rails or tracks, (c)
    5  snowmobiles as defined in article forty-seven of this chapter,  and  (d)
    6  all  terrain  vehicles as defined in article forty-eight-B of this chap-
    7  ter. For the purposes of title four of  this  chapter,  the  term  motor
    8  vehicle  shall  exclude  fire and police vehicles other than ambulances.
    9  For the purposes of titles four and five,  AND  SECTION  TWELVE  HUNDRED
   10  TWENTY-NINE-E of this chapter the term motor vehicles shall exclude farm
   11  type  tractors  and all terrain type vehicles used exclusively for agri-
   12  cultural purposes, or for snow plowing, other than for hire, farm equip-
   13  ment, including self-propelled machines  used  exclusively  in  growing,
   14  harvesting  or  handling farm produce, and self-propelled caterpillar or
   15  crawler-type equipment while being operated on the contract site.
   16    S 3. This act shall take effect on the first of November next succeed-
   17  ing the date on which it shall have become a law.